GCA Title 7, Chapter 6
7 GCA JUDICIARY AND CIVIL PROCEDURE CH. 6 JUDICIAL OFFICERS, JUSTICES AND JUDGES
INTRODUCTORY NOTE FOR TITLE 7 - JUDICIARY AND CIVIL PROCEDURE
2015 NOTE: The judicial branch of Guam was established on August 1, 1950 by the Organic Act of Guam, codified at 48 U.S.C. § 1424-1. The branch was reorganized pursuant to P.L. 12-085 (Jan. 16, 1974), known as the Court Reorganization Act, with appellate jurisdiction vested in a newly created the Supreme Court of Guam. However, after a legal challenge to P.L. 12-085, the Supreme Court of Guam was abolished when the U.S. Supreme Court determined that the Guam Legislature could not divest the District Court of Guam of appellate jurisdiction and transfer appellate jurisdiction to Supreme Court of Guam. See Guam v. Olsen , 431 U.S. 195 (1977). Subsequent amendments to the Organic Act authorized the Guam Legislature to create an appellate court, and in 1985, legislation was drafted to create Chapters 1 through 10 of Title 7 of the Guam Code Annotated. This draft legislation was eventually enacted into law by P.L. 21-147:2 (Jan. 14, 1993), known as the Frank G. Lujan Memorial Court Reorganization Act of 1992. Although P.L. 21-147:2 expressly stated that it was adding Chapters 1 through 10 of Title 7, the law itself enacted only Chapters 1 through 9. The provisions in the draft version of Chapter 10 were enacted as uncodified provisions; specifically, Sections 1 through 7 of P.L. 21-147. Past print publications of the GCA included annotations from the 1985 draft legislation, which were not included in Bill 102, the draft legislation introduced to the 21st Guam Legislature that was eventually signed into law as P.L. 21147. These annotation s, designated ‘1985 Source’ and ‘1985 Comment,’ have been retained as they provide background information as to the source and legislative drafting history.
CHAPTER 6 JUDICIAL OFFICERS, JUSTICES AND JUDGES
SOURCE: Entire Chapter added by P.L. 21-147:2 (Jan. 14, 1993).
- § 6101. Tenure, Rejection or Retention in Office of a Justice or a Judge.
- § 6102. Certification of Names Upon Declarations; Law Applicable to Elections.
- § 6103. Standards of Conduct Applicable to Justices and Judges.
- § 6104. Prohibition of Political Activity.
- § 6105. Grounds of Disqualification.
- § 6106. Duty to Disclose Disqualification.
- § 6107. Objection to Competency; Procedure.
- § 6108. Judges and Justices Pro tempore .
- § 6109. Justice Sitting in Trial Court. [Repealed.]
- § 6110. Law Practice Prohibited.
- § 6111. Judicial Retirement.
- § 6112. Resignation, or Retirement for Reasons of Age.
- § 6113. Salary on Retirement for Disability or on Failure of Reappointment.
- § 6114. Membership in Government of Guam Retirement Fund.
- § 6115. Assignment of Retired Judge or Justice to Active Duty.
- § 6116. Powers Upon Designation and Assignment.
- § 6117. Election of Retirement System.
§ 6101. Tenure, Rejection or Retention in Office of a Justice or a Judge.
(a) Each Justice of the Supreme Court shall hold office for a term ending the 31st day of January following the first general election held after the expiration of ten (10) years since his or her appointment or election to office.
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- (b) Each Judge of the Superior Court shall hold office for a term ending the 31st day of January following the first general election held after the expiration of seven (7) years since his or her appointment or election to office. (c) [No text]
- No less than sixty (60) days prior to the holding of the general election next preceding the expiration of his or her term of office, any Justice or Judge may file in the office of the Election Commission a declaration of candidacy for election to succeed himself or herself. If a declaration is not filed, the vacancy resulting from the expiration of his or her term of office shall be filled by appointment pursuant to 3108 of this Title.
- If such a declaration is filed, the name of such Justice or Judge shall be submitted at said next general election on a non-partisan ballot along with any other Justices or Judges seeking retention at the same election, without party designation, reading: ’ Shall [Justice] [Judge] _______________ (here insert the name of the Justice or Judge) of the [Supreme Court] [Superior Court] be retained in office? Yes No (Mark your preference). ’
- If a majority of those voting on the question vote against retaining him or her in office, upon expiration of his or her term of office, a vacancy shall exist which shall be filled by an initial appointment as provided in this Title; otherwise, said Justice or Judge shall, unless removed for cause, be retained in office for a term commencing upon the expiration of his or her existing term of office.
- The form of ballot for a Justice or Judge shall be determined as provided in Title 3 Guam Code Annotated, and shall meet the same criteria as other election ballots, including those for Voter Verified Paper Ballots. SOURCE: CCP § 91, amended by P.L. 14-002 (Jan. 22, 1977). Codified to this section by P.L. 21-147 (Jan. 14, 1993); subsection (c)(4) repealed and added by P.L. 31-255:5 (Dec. 11, 2012). 2025 NOTE: The Compiler has added ‘no text’ in subsection (c) to indicate a change in formatting only; the content of the provision has not been altered. 2012 NOTE: Subsections (c)(1) through (c)(4) numbered by Compiler to harmoniously fit this section. 1985 COMMENT: This section has been changed to provide a longer term (for more stability) in the office of justice of the Supreme Court; and has been changed to reflect the retention of both justices and judges. A final paragraph has been added to permit the Election Commission to determine whether the ballot be paper, paper with electronic counting, or punch-card or other format, as permitted for other ballots under the Election Laws (3 GCA). The Election Commission is permitted to couple the judicial ballot with any other non-partisan ballot or ballots, as they may desire for ease in voting, or to simplify the election counting or for any other reason. This section is also clarified to make clear that all of the judges seeking retention at any one election appear on the same ballot. There has been discussion as to whether the prior Code of Civil Procedure permits the appointment of a new presiding judge of the Superior Court, or whether the retention of the presiding judge is a retention in office of presiding judge. This drafter believes that the wording means that the judge is retained in whatever office he holds at the time of the retention election.
§ 6102. Certification of Names Upon Declarations; Law Applicable to Elections.
Whenever a declaration of candidacy for election to succeed himself or herself is filed by any Justice or Judge under the provisions of this Chapter, the Election Commission shall, not less than thirty (30) days before the election, certify the name of said Justice or Judge and the judicial ballots required by this Chapter shall be prepared, printed, published, and distributed, and the election upon the question of such Justice or Judge remaining in office shall be conducted and the votes counted, canvassed, returned, certified and proclaimed by such public officials in such manner as is now provided by the Election Law.
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1985 SOURCE: P.L. 12-189 modified to remove reference to the Supreme Court Justices.
§ 6103. Standards of Conduct Applicable to Justices and Judges.
(a) In addition to the requirements of § 6104 and § 6105 of this Chapter, the standards of conduct prescribed by the American Bar Association’s Canon of Judicial Ethics shall apply to and govern the conduct of the Justices of the Supreme Court of Guam and the Judges of the Superior Court of Guam. (b) This Canon of Judicial Ethics shall apply in addition to, and as may be modified by, any specific statute of Guam and violation of such standards will constitute grounds for possible removal or discipline of the Justice or Judge under the procedures and requirements of § 5104 of this Title. 2025 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. 1985 SOURCE: New section. 1985 COMMENT: Attorneys on Guam are governed by the ABA Code of Professional Responsibility [1992 - Rules of Professional Conduct]. There is no statute, law or published rule which applies any specific set of standards to the judges. This drafter believes that, since the ABA Canons are so widely accepted, and since the ABA Code of Professional Responsibility applies to attorneys, it is reasonable that the Canons of Judicial Ethics should apply to the judges. This Section is intended to give substance to the rather vague standards established in former § 94 CCP (§ 3103 of this Title).
§ 6104. Prohibition of Political Activity.
No Justice or Judge of any court shall directly or indirectly make any contribution to or hold any office in any political party or organization, or take part in any political campaign. 1985 SOURCE: CCP § 99 as amended by P.L. 11-95.
§ 6105. Grounds of Disqualification.
(a) Any Judge shall disqualify himself or herself in any proceeding in which his or her impartiality might reasonably be questioned, but if, following complete disclosure to all parties in the proceeding of the reasons for disqualification, all parties agree to having the Judge continue to sit in the proceedings, he or she need not disqualify himself or herself. (b) A Judge shall also disqualify himself or herself in the following circumstances, but if, following complete disclosure to all parties in the proceeding of the reasons for his or her disqualification, all parties agree to having the Judge continue to sit in the proceedings, he or she need not disqualify himself or herself: (1) Where he or she has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding; (2) Where in private practice he or she served as a lawyer in the matter in controversy, or a lawyer with whom he or she previously practiced law served during such association as a lawyer or either has been a material witness concerning the matter; (3) Where he or she has served in governmental employment and in such capacity participated as counsel, advisor or material witness concerning the proceeding or, as such government employee, expressed an official opinion concerning the merits of the particular matter in controversy; (4) Where he or she knows that he or she, individually or as a fiduciary, or his or her spouse or minor child residing in his or her household, has a financial interest in the subject matter in controversy or is a party to the subject matter in controversy or is a party to the proceeding, or in any other interest that could be substantially affected by the outcome of the proceeding; (5) Where he or she or his or her spouse, or a person within the third degree of relationship to either of them, or the spouse of such person:
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(A) is a party to the proceeding, or an officer, director, or trustee of a party; (B) is acting as a lawyer in the proceeding; (C) is known by the Judge to have an interest that could be substantially affected by the outcome of the proceeding; (D) is to the Judge’s knowledge likely to be a material witness in the proceeding. (c) A Judge should inform himself or herself about his or her personal and fiduciary interests and that of his or her spouse and minor children residing in his or her household. (d) For the purpose of this section the following words or phrases shall have the meanings indicated: (1) ’ Proceeding ’ includes pre-trial, appellate review or other stage of litigation; (2) The degree of relationship is calculated according to the civil law system; (3) ’ Fiduciary ’ includes such relationships as executor, administrator, trustee and guardian; (4) ’ Financial interest ’ means ownership of a legal or equitable interest, however small, or a relationship as a director, advisor or other active participant in the affairs of a party, except that: (A) Ownership in a mutual or common investment fund that holds securities is not a financial interest in such securities unless the Judge participates in the management of the fund; (B) An office in an educational, religious, charitable, fraternal or civil organization is not a financial interest in securities held by the organization; (C) The proprietary interest of a policyholder in a mutual insurance company or a depository in a mutual savings association or a similar proprietary interest, is a financial interest in the organization only if the outcome of the proceeding could substantially affect the value of the interest; (D) Ownership of government securities is a financial interest in the issuer only if the outcome of the proceeding could substantially affect the value of the securities. (5) ’ Judge ’ means any Justice of the Supreme Court or Judge of the Superior Court. 1985 SOURCE: 28 U.S.C. § 455, modified by removal of subsection (e) and affirmatively permitting a judge to sit on a case if the reasons for disqualification is disclosed to all parties and all agree to such judge continuing in the case. The U.S. Code contains a far more comprehensive law concerning the disqualification of judges than does the Code of Civil Procedure of Guam. It seems desirable to adopt the U.S. law in this respect. Further, the latest version of the California Code of Civil Procedure is unsuitable as a guide to Guam because of its many amendments and references to courts which do not exist on Guam. 1985 COMMENT: It should be noted that this Section would disqualify a judge in a proceeding where this judge is a member of the Board of Directors of one of the parties, such as where the Public Defender Service Corporation appears as a party to the action, in contrast to where it appears as counsel to a party. Obviously, in this latter instance, the judge would not be disqualified. However, it seems that a judge should be disqualified in the former instance since he would have taken an active part in the proceedings of the body and, quite probably, in the proceedings which form a part of the dispute in question. Such disqualification is not clearly covered under § 170 of the Guam CCP. Subsection (e) of the federal law is omitted here because some attorneys believe that no judge should be automatically disqualified for any of the reasons stated if full disclosure is made to all parties and all parties agree that the judge should continue. Such a situation has arisen and the judge continued to sit by agreement of all